The Nigeria Employers’ Consultative Association (NECA) says the right to strike remains subject to national laws and industrial relations frameworks.

NECA Director-General, Adewale-Smatt Oyerinde, stated this in Lagos while reacting to the International Court of Justice advisory opinion delivered on Thursday, May 21.

Mr Oyerinde, also a member of the International Labour Organisation Governing Body, said the ICJ recognised strike rights under ILO Convention No. 87.

He, however, said the court maintained that such rights remained subject to national laws governing labour and industrial relations matters.

NECA acknowledged the opinion affirming that strike rights were protected under Convention No. 87 on freedom of association and workers’ organisation.

The DG said the ICJ did not define the content, scope or conditions for exercising strike rights in member states.

According to him, the advisory opinion does not override domestic legislation regulating labour relations and industrial disputes in Nigeria.

“The advisory opinion should not be interpreted as replacing national legal frameworks governing labour relations. Nigeria retains sovereignty to define the limits and modalities of industrial action within the provisions of its laws,” he said.

Mr Oyerinde said the right to strike was deliberately excluded during the drafting of Convention No. 87 in 1948.

He said historical ILO records and dissenting opinions by some ICJ judges supported concerns about expanded supervisory interpretations beyond treaty provisions.

Mr Oyerinde reaffirmed NECA’s commitment to social dialogue and tripartism in resolving labour disputes through consensus-building rather than judicial intervention.

He said strike actions should be balanced with employers’ rights, protection of essential services, national security and economic stability.

According to him, collective bargaining agreements, memoranda of understanding and negotiated frameworks should remain central to industrial relations.

Mr Oyerinde said NECA was preparing for the November 2026 session of the ILO Governing Body, where discussions would continue.

He added that the association remained committed to supporting the Federal Government in promoting industrial harmony through mediation and grievance resolution rather than prolonged strikes. 

(NAN)